Facts
Respondent No. 4, an ex-serviceman, applied for the Combined Graduate Level Examination (CGLE), 2013, while still in defense service
Source reference: para 3-4He was discharged on 31.01.2013
Source reference: para 4On 10.04.2013, he joined the State Bank of India (SBI) as a Customer Assistant by availing the ex-serviceman reservation
Source reference: para 9Due to exam irregularities, the CGLE 2013 process was re-conducted in 2014 and 2015
Source reference: para 5-6Respondent No. 4 was eventually selected for the post of Auditor under the ex-serviceman quota in March 2015
Source reference: para 7However, the Petitioners (Union of India) canceled his dossier, arguing that under O.M. dated 02.05.1985 and 07.11.1989, his ex-serviceman status for 4subsequent employment ceased once he joined SBI
Source reference: para 11-12The Central Administrative Tribunal (CAT) ruled in favor of the Respondent, prompting this writ petition
Source reference: para 1, 15Issues
1. Whether Respondent No. 4 was entitled to the benefit of the Department of Personnel and Training (DoPT) Office Memorandum (O.M.) dated 14.08.2014 regarding the retention of ex-serviceman status for multiple career applications.
Source reference: para 21Law Applied
The Court applied the DoPT Office Memoranda (O.M.) of 02.05.1985 and 07.11.1989, which generally state that ex-serviceman status for reservation ceases upon joining civil employment
Source reference: para 11, 23however, this is qualified by O.M. dated 14.08.2014, which carves out an exception: if an ex-serviceman applies for multiple vacancies before joining any civil employment, they may still avail reservation for those specific subsequent recruitments
Source reference: para 22, 28Furthermore, the Court relied on the principle of liberal and purposive construction of beneficial and remedial provisions to advance the legislative/administrative object, citing Union of India v. Mukul Dev and Brahampal v. National Insurance Co.
Source reference: para 35, footnote 8Reasoning
The Court observed that O.M. dated 14.08.2014 was specifically issued to "cure the mischief" and hardships caused by the older 1985/1989 O.M.s, which penalized ex-servicemen for joining a post while other applications were pending
Source reference: para 27-28It was undisputed that Respondent No. 4 applied for CGLE 2013 while still holding ex-serviceman status and before joining SBI
Source reference: para 30, 36Although he joined SBI in 2013, the CGLE selection process culminated in 2015, after the 14.08.2014 O.M. had come into force
Source reference: para 31, 37The Court rejected the Petitioners' technical objection regarding the lack of a self-declaration/undertaking, noting that this plea was never raised before the Tribunal and could not be introduced at the writ stage
Source reference: para 41-43Applying a purposive interpretation, the Court held that since the Respondent fulfilled the essential condition of applying for the post before joining civil service, he remained entitled to the reservation
Source reference: para 38-39Holding
The Court answered the issue in the affirmative, holding that Respondent No. 4 is entitled to the benefit of para 4 of the DoPT O.M. dated 14.08.2014
The High Court dismissed the writ petition in limine and upheld the Tribunal’s order directed the Petitioners to comply by appointing Respondent No. 4 within four weeks
Source reference: para 45-46Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
Union Of India And OrsvsDharmendra Kumar Vidyarthi And Ors
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